Sminuraj v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 6TH DAY OF NOVEMBER 2015/15TH KARTHIKA, 1937 Crl.MC.No. 6811 of 2015 () --------------------------- CRIME NO. 1257/2015 OF THEKKUMBHAGOM POLICE STATION , KOLLAM PETITIONER(S)/ACCUSED:
----------------------------- SMINURAJ AGED 29 YEARS S/O.RAJAN, THAVALAKKARA HOUSE, CHAVARA THEKKUMBAGAM KARUNAGAPPALLY, KOLLAM DISTRICT.
BY ADVS.SRI.K.S.ARUN KUMAR SRI.P.A.VIBIN RESPONDENT(S)/STATE & COMPLAINANT:
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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
2. VIMALA, AGED 58 YEARS W/O.JOSEPH KUTTY, CHRISTY BHAVANAM HOUSE THEVALAKKARA VILLAGE, CHAVARA THEKKUMBHAGOM KOLLAM DISTRICT, PIN-691 589.
R2 BY ADV. SMT.RESMI THOMAS R1 BY PUBLIC PROSECUTOR SMT.SHEEBA M.T THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6811 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- ANNEXURE I : TRUE COPY OF THE FIR IN CRIME NO.1257/2015 OF CHAVARA THEKKUMBHAGAM POLICE STATION ANNEXURE II : TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS ------------------------------- /TRUE COPY/ P.S TO JUDGE
P.UBAID, J.
~~~~~~~~~~ Crl. M.C No.6811 of 2015 ~~~~~~~~~~~ Dated this the 6th November, 2015
O R D E R
The petitioner herein seeks orders quashing the F.I.R and further proceedings in Crime No.1257 of 2015 of Chavara Thekkumbhagam Police Station, registered under Sections 294 (b), 452, 323 and 506 (ii) of Indian Penal Code on the complaint of one Vimala, who is the 2nd respondent herein. The other victim of offence died pending the proceedings. The petitioner has produced copy of the death certificate proving the death. Orders are sought on the ground of amicable settlement of the whole dispute between the accused and the de facto complainant out of court. She has filed affidavit to the effect that she has settled the whole dispute with the accused and she has no grievance or complaint now.
2.
In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non-compoundable offences, the High Court can quash the prosecution; be it at the crime stage, or at the trial stage, or even at the
Crl. M.C No.6811 of 2015 appellate or revision stage; if the parties have really settled the whole dispute, or if continuance of prosecution will not serve any purpose. Here, I find a real case of settlement between the parties, and I also find that continuance of prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court.
In the result, this petition is allowed. The F.I.R and further proceedings in crime No.1257 of 2015 of Chavara Chekkumbhagom Police Station will stand quashed under Section 482 of the Code of Criminal Procedure. Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge